Looking for legal advice for unfair immediate redundancy

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nvnetter
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Looking for legal advice for unfair immediate redundancy

Postby nvnetter » Sat Jun 17, 2017 9:20 am

Hello,

I am looking for some suggestions for a good employment lawyer as i have been made redundant from my work without any prior notice or consultation. I worked in business development for a law firm in London (not a city firm).

Last week during a meeting which i thought was a normal meeting with my line manager, i was informed of the decision taken to terminate my contract of employment and was asked to leave with immediate effect. I am being paid 3 months of my notice period but i haven't signed anything.

Anyone out there been in a similar situation? Any lawyers you would recommend?

Thank you

Annabel (admin)
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Re: Looking for legal advice for unfair immediate redundancy

Postby Annabel (admin) » Sat Jun 17, 2017 1:28 pm

Sorry to hear you are in this situation.

You need the amazing Joanna Martin, details on this thread, she is amazing and lovely and helped so many NVN'ers

viewtopic.php?f=46&t=88760

TheMagenpies
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Re: Looking for legal advice for unfair immediate redundancy

Postby TheMagenpies » Sat Jun 17, 2017 4:43 pm

Sorry to hear that. Have you contacted ACAS http://www.acas.org.uk/index.aspx?articleid=1461 in the first instance?

nvnetter
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Re: Looking for legal advice for unfair immediate redundancy

Postby nvnetter » Sat Jun 17, 2017 10:06 pm

Thank you Annabel admin and Magenpies, I will contact Joanna Martin and also ACAS.

I will also need some advice about the payment i will receive which i don't think will be tax-free but was wondering if it 'can be' tax free...and what i need to do.

I have never been in a situation like this before, i have always changed jobs based on my own decision and never have been asked to leave like that. But it happened to others at the firm and i am told it is common practice in law firms.

SW12dadfincladviser
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Re: Looking for legal advice for unfair immediate redundancy

Postby SW12dadfincladviser » Sun Jun 18, 2017 6:54 pm

Sorry to hear about this: David Nathan at GSC Solicitors is worth getting in contact with. dnathan@gscsolicitors.com and 0207 822 2247. Best of luck with it.

Elenita4ever
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Re: Looking for legal advice for unfair immediate redundancy

Postby Elenita4ever » Mon Jun 19, 2017 1:34 pm

Very sorry to hear that.

I would also strongly recommend Florence Brocklesby (florence@bellevuelaw.co.uk) on 07855493075. She is ex-Linklaters and a local Mum who set up her own practice specialising in women who have been unfairly treated and/or dismissed in the workplace. This would be a classic and (sadly) all-too-common case for her.

In terms of tax-free versus taxable, your lawyer can advise further but my understanding is that either they are making your redundant or they are not. If they are making you redundant then any redundancy payments are tax-free up to £30,000. However PILON (payment in lieu of notice) payments - like your 3 months "notice" payment - are not. If your employment is being terminated on the grounds of redundancy you will be required to sign an agreement. Your firm should pay £500 towards the cost of legal advice in relation to that agreement (i.e. to review before you sign).

In any case, it's worth exploring with your Lawyer whether this is genuinely a case of redundancy or whether its unfair dismissal on the grounds of discrimination or anything else. It goes without saying that you shouldn't sign anything in the meantime.

Good luck and hope it works out.

E

Catherine123
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Re: Looking for legal advice for unfair immediate redundancy

Postby Catherine123 » Wed Jun 21, 2017 4:55 pm

I was in a similar position and would recommend Alistair French from BDBF which are a specialist employment law firm. Alistair is very nice and helpful. Your employer should pay towards the costs of a solicitor to review your compromise agreement and if you are indeed being made redundant you are entitled as the poster above says to part of it tax free.
Alistair's contact details are: alistairfrench@bdbf.co.uk

BalhamLiz
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Re: Looking for legal advice for unfair immediate redundancy

Postby BalhamLiz » Wed Jun 21, 2017 6:12 pm

So sorry to hear you're going through this. It's a really stressful time and the sooner resolved the better.

I know when you're facing redundancy the last thing you want to do is pay to get Legal advice but for complicated cases it's really worth it. I'm an HR Director and happy to talk through your settlement with you so you understand your rights and the payment before you decide if you do want to take formal paid advice.

If you do want to pay I'd recommend Jo Martin wholeheartedly. She's fantastic.

fitzpm
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Re: Looking for legal advice for unfair immediate redundancy

Postby fitzpm » Thu Jun 22, 2017 12:35 pm

Hello nvnetter,

I am really very sorry to hear about your situation. Unfortunately, you do not mention in your post anything about your tenure with your current employer or the agreed terms and conditions of your employment. You are also not specifying whether you are an 'employee' (I am making the assumption that you are, but can't be sure), a 'consultant' or a 'worker' with them. Therefore, it is very difficult to provide accurate advice without seeing your employment contract, or understanding any of the above.

Before I start, a health warning: given the above, the following does not replace the advice from a good employment lawyer who will, no doubt, request to see your employment contract and will enquire about your tenure with this employer.

The reason why the tenure with your current employer is so crucial is that, under the current employment legislation, employees with less than 2 years active service with their current employers have no employment protection rights. Therefore, the two crucial points that will determine your next possible steps are: a) your length of service AND b) the agreed terms & conditions of employment with your current employer.

In a nutshell, if you are an 'employee' within those first couple of years of service (where employees have no employment 'protection rights') then I am afraid employment can indeed be terminated by the employer by giving you notice and, of course, paying you the contractual notice period. Some employers will offer you a little extra, but they are under no obligation to do so. However, if you have been working as an 'employee' for your current employer for longer than 2 years, then you DO have employment 'protection rights'. As such, if your employer has not followed the ACAS code of practice, then they may have dismissed you unfairly, and then you may have a case.

Having said that, in practice, employers that do not follow the ACAS code of practice usually offer employees with more than 2 years' service a 'settlement agreement'. This is aimed at compensating them for their job loss in exchange for them waiving their employment 'protection rights'. This is legal and common practice, and if you have been working for longer than 2 years with your current employer you will need to weigh up whether the settlement offered is reasonable vs. legal fees, stress, delays, that taking the matter through the legal route will undoubtedly generate. It depends, and no two cases are the same I am afraid, only you can decide.

As I've highlighted earlier, it is very difficult to advise without seeing and knowing all the facts (i.e.: your current length of service, reading your employment contract, establishing that you are indeed an 'employee', talking to you live, etc.). I have aimed, however, to provide you with broad, general, advice. Some food for thought. I am a seasoned Chartered Member of the CIPD and - once again - the above is not meant to replace a good employment lawyer's advice.

On that note, I can see that a number of employment lawyer recommendations have been offered by others, so I will not add to the list. However, nobody else appeared to have touched on the fact that the length of service with your current employer together your agreed terms and conditions of employment, and your status (i.e.: employee, consultant, worker, etc.) will be pivotal to delineate your possible options. Therefore, I wanted to share that with you.

Do take care of yourself, and hope that all goes well.

Kindest regards,

Paula

nvnetter
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Re: Looking for legal advice for unfair immediate redundancy

Postby nvnetter » Fri Jun 30, 2017 2:22 pm

Hi everyone who has responded to this post and to Annabel for sharing it on the newsletter.

Every advice given is greatly appreciated and i wanted to come back here and say that rather than disappear.

I have had chats with a number of solicitors and given my duration of employment which is less than 2 years i don't have legal protection for unfair dismissal. So i can't take them to court.

I can however write and make a case from my personal perspective and require some extra support and Paula thank you so much, i will use some of your suggestions above for the content of my letter.

Again thanks everyone, its a great forum and resource to have in our local community.

Also on a different note, if anyone, small business or practice needs some help with business development and marketing, let me know, i will be looking for a part-time job in that area, perhaps 1 or 2 days a week. And doing it locally would be even better. I have references and a good experience so i am happy to follow up with anyone looking for an extra pair of hands, with their newsletter, marketing, social media, ads, setting up meetings etc.

Best wishes all

Mum2Monkey
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Re: Looking for legal advice for unfair immediate redundancy

Postby Mum2Monkey » Sat Jul 01, 2017 8:02 am

Hi,

The caveat to the 2 years is in the case of discrimination. If you think age, sex , race etc has played a part then you can still make a claim. In my experience, even those with less than 2 years are usually offered a settlement agreement as firms don't like having a lot of disgruntled employees who may or may not band together down the line. But that's a city firm perspective.....

Good luck.

Wimbledonia
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Re: Looking for legal advice for unfair immediate redundancy

Postby Wimbledonia » Mon Jul 03, 2017 10:13 am

I'm afraid the whole scenario is not that uncommon and firms seem to do all the time sadly. 99% of the time it's a way to say goodbye to an expensive team and 'restructure' so as awful as it is, it's not personal and the person who let you go is likely on the list too but they don't know it yet. Albeit that's no consolation I'm sure...

Blue Legal can help you pick up some contracts. Call Jade or apply via the website. Good luck!

nvnetter
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Re: Looking for legal advice for unfair immediate redundancy

Postby nvnetter » Mon Jul 03, 2017 10:18 am

Thanks mumtomokey, i don't have any grounds for discrimination but will still write to them, to see if i can push for a settlement agreement. And yes i am a disgruntled employee who would not recommend that firm :-(
Worth mentioning in my letter??

Thansk again


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